# United States v. California

> Court of Appeals for the Ninth Circuit · April 1, 1977 · 558 F.2d 1347

URL: https://www.frixlaw.com/law-library/cases/8902885

## Case

- **Full name:** United States v. The STATE OF CALIFORNIA, State Water Resources Control Board, W. W. Adams, Chairman, Ronald B. Robie, Vice Chairman, Roy E. Dodson, Jean Auer, and W. Don Maughan, as members of the State Water Resources Control Board
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** April 1, 1977
- **Citations:** 558 F.2d 1347
- **Precedential status:** Published
- **Opinion:** Concurrence by Wallace
- **Judges:** Carter, Duniway, Wallace
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed by California v. United States, 438 U.S. 645 (1978).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8902885

## How later opinions describe it (automated extraction)

- noting on rehearing that "we overlooked" an argument made "in [the] briefs on appeal"

## Opinion text

WALLACE, Circuit Judge,
concurring in part:
I concur in part. Concluding that the first of Judge Duniway’s reasons to deny the petition is more than adequate (“the assignment was of an application, not of a permit containing conditions”), I would not reach the constitutional issue. See Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 341 , 56 S.Ct. 466 , 80 L.Ed. 688 (1936) (Brandéis, J., concurring).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8902885. Public record. Not legal advice.